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CUCUZZA v. CITY OF NEW YORK

2 A.D.3d 389 (2003)

767 N.Y.S.2d 853

SALVATORE CUCUZZA et al., Appellants, v. CITY OF NEW YORK et al., Respondents. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 1, 2003.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the motions of the defendants N.B. Construction Corporation and Techno Construction, Inc., for summary judgment dismissing the complaint insofar as asserted against them and substituting therefor a provision denying the motions; as so modified, the order is affirmed, without costs or disbursements, and the complaint is reinstated against the defendants N.B. Construction Corporation...

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